Legal Question in Employment Law in California

If I have worked for a company for 20 years, full time, and never received my "rest period" breaks until about a month ago, can I file a wage claim?

Asked on 12/03/12, 8:42 pm

3 Answers from Attorneys

Aryeh Leichter Leichter Law Firm, APC

If you are entitled to rest breaks (i.e. you are, or should be, an hourly employee not exempt from overtime), you can file a claim in state or federal court or with the Department of Labor Standards Enforcement (DLSE) for missed rest breaks up to four years from the date of filing your claim. Please call (213-381-6557) or email me ([email protected]) if you would like to discuss the matter further.

All the best,

Ari Leichter

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Answered on 12/03/12, 9:09 pm

Charles Perry Law Offices of Charles R. Perry

Yes, you can file a wage claim, but not for the full twenty years. There is a statute of limitations in place.

It is clear that you can obtain a claim for up to three years under California Labor Code 226.7. There is a theory that you can file a claim in court for up to four years. To my knowledge, however, no California Supreme Court decision or Court of Appellate decision has upheld that theory, as it applies to claims for missed rest breaks, and allowed monetary recovery for that fourth year.

Best of luck to you.

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Answered on 12/03/12, 11:37 pm
Terry A. Nelson Nelson & Lawless

Sure, but only looking back three years. You are entitled to OT, interest and penalties for each denied break or lunch. Those add up to substantial amounts of money. You have to prove your time and claim through records or witnesses if the company denies your claims, If you win in court, you are entitled to your attorney fees as well. If serious about pursuing this, feel free to contact me.

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Answered on 12/04/12, 10:14 am

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